Jitendra Kumar Srivastva @ Jitendra Kr. Srivastva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33406 of 2020 Arising Out of PS. Case No.-198 Year-2020 Thana- AWTARNAGAR District- Saran ====================================================== JITENDRA KUMAR SRIVASTVA @ JITENDRA KR. SRIVASTVA Son of Late Shivnath Prasad Srivastva Resident of Village - Narawn, P.S.- Awtar Nagar, District - Saran at Chapra.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Tiwary, Advocate.

For the State :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 07.12.2020, within four weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Awtar Nagar Police Station Case No.198 of 2020 registered under Sections 30 and 30(A) of the Bihar Excise Prohibition Act.

Patna High Court CR. MISC. No.33406 of 2020(2) dt.09-03-2021 2/3 The accusation is that on receiving the secret information about keeping the liquor in huge quantity by Jitendra Kumar Srivastva (petitioner) at his house in villageNarawn and selling the same with the help of his associate, the informant along with other police personnel reached at the house of Jitendra Kumar Srivastva (petitioner) in villageNarawn and saw one person taking the cartoons from the house of Jitendra Kumar Srivastva (petitioner), whereas one person standing near the door of the house of Jitendra Kumar Srivastva (petitioner). On seeing the police party, both the persons started to flee away but, on chase, they were apprehended and in their presence, the house of Jitendra Kumar Srivastva (petitioner) was searched from where 24 bottles, each containing 375 ml.

, 47 bottles, each containing 180 ml., 60 bottles, each containing 180 ml., and 24 bottles, each containing 500 ml., Indian Made Foreign Liquor were recovered. Both the apprehended persons, disclosed their name as Imtiaz Ansari and Chandan Kumar Srivastva and they also disclosed that on seeing the police party, Jitendra Kumar Srivastva (petitioner) fled away from his house.

Patna High Court CR. MISC. No.33406 of 2020(2) dt.09-03-2021 3/3 along with Imtiaz Ansari. The petitioner being the brother of Chandan Kumar Srivastva has falsely been implicated in this case and the petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II-cumSpecial Judge (Excise), Saran, in connection with Awtar Nagar Police Station Case No.198 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T